B V Sampath, Bangalore V. Deputy Commissioner of Income tax, Bangalore

MA 69/BANG/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5520 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 14-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NARAYANA MURTHY

Judgement Text

MP.69/BANG/2017 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'B', BENGALURU BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. S. JAYARAMAN, ACCOUNTANT MEMBER MISC PETITION NO.69/BANG/2017 (IN I.T.A NO.1265/BANG/2015) (ASSESSMENT YEAR : 2009-10) SHRI. B.V. SAMPATH, NO.16, 28 TH CROSS, GEETHA COLONY, JAYANAGAR, 4 TH BLOCK, BENGALURU .. APPELLANT PAN : ASZPS5492G V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. NARAYANA MURTHY, CA REVENUE BY : SHRI. INDER SOLANKI, JCIT HEARD ON : 21.04.2017 PRONOUNCED ON : 26.04.2017 O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER : THIS IS A MISCELLANEOUS PETITION FILED BY THE ASSE SSEE SEEKING TO RECALL THE EXPARTE ORDER OF THIS TRIBUNAL DT.22.02.2017, F OR THE AY.2009-10. 02. THE ASSESSEE IN THE ABOVE MISCELLANEOUS PETITIO N HAS EXPLAINED AT LENGTH THE CIRCUMSTANCES IN WHICH NONE APPEARED FOR THE ASSESSEE ON THE DATE OF HEARING ON 02.02.2017. SUPPORTING AFFIDAVI T HAS ALSO BEEN FILED BEFORE US. WE ARE CONVINCED WITH THE REASONS FURNI SHED BY THE ASSESSEE FOR MP.69/BANG/2017 PAGE - 2 NON-APPEARANCE AND THAT THE ASSESSEE CAN HAVE A FAI R CHANCE OF PRESENTING ITS CASE IF HE WAS PROPERLY REPRESENTED BEFORE THE TRIBUNAL. HENCE WE RECALL THE ORDER OF THE TRIBUNAL DT.22.02.2017. 03. THE REGISTRY IS DIRECTED TO POST THE APPEAL FOR HEARING ON 14.06.2017. 04. IN THE RESULT, MP FILED BY THE ASSESSEE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH DAY OF APRIL 2017. SD/- SD/- (SUNIL KUMAR YADAV) (S. JAYARAMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER